Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for the question among the four choices given.

LEGAL PRINCIPLE: When anyone uses his in property in such a manner as to cause damage to others, he commits the wrongful act of private nuisance.

FACTUAL SITUATION: X and Y are the owners of adjoining flats. X leased his flat to R, an AIDS patient and activist. Fearing the spread of the disease, Y's tenant vacated his flat and since then, no tenant is ready to move in Y's flat. Y repeatedly requested to X to change his tenant, but it was of no use. Now Y has filed a suit against X for causing private nuisance.

DECIDE.

• A. Y will win in the court as X has knowingly caused him financial loss.
• B. Y will fail in his case as X has a right to put his flat to any use as per his choice.
• C. Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.
• D. Y will win the case as X did not to his repeated requests.

Answer 1

The correct option is C Y's claim will fall as X could not be held responsible for wrong beliefs and notions of the people.

1.Nuisance can be defined as common law tort. It means that which causes offence, annoyance, trouble or injury. It can be further classified as public and private.

2.A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

3.In the above situation X has the right to lease his flat to the patient and is not responsible for the wrong beliefs or notions of the people.